Theresa A. Foudy

Partner | New York

tfoudy@mofo.com | (212) 336-4482

tfoudy@mofo.com
(212) 336-4482

Theresa Foudy has represented Chapter 11 debtors, creditors’ committees, indenture trustees, secured and unsecured creditors, private equity sponsors, independent directors, and distressed investors through all stages of bankruptcy litigation.

Over her more than 25-year career, Theresa has worked on many of the United States’ largest and most complex bankruptcy cases, including serving as lead trial counsel in several of the most prominent bankruptcy matters of the last decade. She has advised clients on all types of bankruptcy-related disputes, including suits by or against bankrupt companies, investigations into what led to bankruptcy filings, avoidance actions, and litigation over whether a plan of reorganization should be confirmed.

Theresa’s representative high-profile matters include: serving as lead trial counsel for defendants (wholly owned subsidiaries of a multinational commodity trading and mining company) in a four-day bench trial, over the rejection of a lease to a power plant in an adversary proceeding before the U.S. Bankruptcy Court for the Southern District of Texas; serving as lead trial counsel for defendant directors in a 15-day bench trial on a Creditors’ Committee’s for standing to assert claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty in connection with the directors’ approval of a merger transaction and, after prevailing in the U.S. Bankruptcy Court for the Southern District of New York, handling the successful defense of subsequent appeals by the Creditors’ Committee to the District Court and U.S. Court of Appeals for the Second Circuit; and providing conflicts counsel for a plaintiff Chapter 11 debtor, including participating in all aspects of litigation and a trial of adversary proceeding against junior secured noteholders, arguing motion to dismiss counterclaims, and cross-examining a witness at trial in the U.S. Bankruptcy Court for the Southern District of New York.

Theresa has been widely recognized for her exceptional bankruptcy litigation skills, including in The Legal 500 and Super Lawyers.

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